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(영문) 수원지방법원여주지원 2020.09.16 2020고단862
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 20, 2015, the Defendant was sentenced to a suspended sentence of two years for a year due to a violation of the Road Traffic Act (driving) at the Port Branch of the Daegu District Court on August 20, 2015. On July 222, 2020, the Defendant driven a Fone Starsch under the influence of alcohol concentration of about 0.188% without a car driver’s license at a distance of about 700 meters from the cream outside of the Seoul Metropolitan City and the front roads of the E Bank located in the same city (D) in the same city.

As a result, the defendant driving a motor vehicle without a license and violated Article 44 (1) of the Road Traffic Act at the same time not less than twice.

Summary of Evidence

1. Photographs of the accused, such as legal statement, drunk driving, etc., checking the results of the regulation of drinking driving, reporting on the state of drinking driving, etc. by the driver's license register;

1. Previous records: Application of the Acts and subordinate statutes to inquiry reports and certified copies of written judgments;

1. Selection of imprisonment with prison labor for a matter of crime as provided in Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152, Article 43 of the Road Traffic Act and Article 40 and Article 50 of the Act on the Standing and Standing Punishment of Traffic;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Article 62 (1) of the Criminal Act;

1. The reason for sentencing under Article 62-2 of the Criminal Act on probation and community service order is that the Defendant had a record of having been sentenced to the suspended sentence of imprisonment with prison labor for committing a crime in 2015, in which he/she had fleded while driving under the influence of a license even though he/she had been sentenced to an accident, and again, carried out a drunk driving under the influence of a license. The degree of alcohol concentration in blood was very high

However, the distance of drinking driving is short.

The sentence shall be determined as per the order, taking into account such circumstances, the defendant's age, character, environment, and circumstances after the crime.

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